EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – In General

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PERB’s modern unilateral change test frames the elements of a prima facie case as having four elements: (1) the respondent changed or deviated from the status quo; (2) the change or deviation concerned a matter within the scope of bargaining; (3) the change or deviation had a generalized effect or continuing impact on negotiable subjects; and (4) the respondent reached its decision without first providing adequate advance notice of the proposed change to the charging party and bargaining in good faith over the decision, at the charging party’s request, until the parties reached an agreement or a lawful impasse. (Bellflower Unified School District (2021) PERB Decision No. 2796, p. 9; cf. Regents of the University of California (Los Angeles) (2025) PERB Decision No. 2942-H, p. 17 [“[F]or much of PERB’s history, precedent consolidated the unilateral change test into just two elements”].) The same principles apply when the respondent is a union. (San Francisco County Superior Court & Region 2 Court Interpreter Employment Relations Committee (2018) PERB Decision No. 2609-I, p. 7.) (pp. 9-10.)